LJU4801: LEGAL PHILOSOPHY VERIFIED EXAM QUESTIONS AND
ANSWERS - LATEST VERSION 2026 /2027
Q1: What is legal philosophy (jurisprudence)?
ANSWER Legal philosophy, or jurisprudence, is the theoretical study of
law. It examines the nature, sources, and purposes of law, as well as the
relationship between law and morality, society, and justice. It asks
fundamental questions such as 'What is law?' and 'What should law be?'
Q2: What is the difference between descriptive and normative
jurisprudence?
ANSWER Descriptive jurisprudence seeks to describe what law is without
making value judgments, while normative jurisprudence evaluates what law
ought to be. For example, legal positivism is largely descriptive, while
natural law theory is normative.
Q3: What are the main schools of legal philosophy?
ANSWER The main schools include: natural law theory, legal positivism,
legal realism, critical legal studies (CLS), feminist jurisprudence, critical
race theory, African jurisprudence, and postmodern legal theory.
Q4: Why is legal philosophy important for law students and
practitioners?
ANSWER Legal philosophy helps lawyers understand the foundations and
assumptions behind the law, improves critical thinking, provides tools for
arguing beyond black-letter law, and enables engagement with questions of
justice, legitimacy, and the limits of legal authority.
Q5: What does the term 'jurisprudence' mean?
ANSWER The term 'jurisprudence' comes from the Latin 'jurisprudentia'
meaning 'knowledge of law'. It refers to the science or philosophy of law,
encompassing theoretical and philosophical investigations into law's nature,
purpose, and operation.
Q6: What is the central question of jurisprudence according to H.L.A.
Hart?
ANSWER According to H.L.A. Hart, the central question of jurisprudence
is: 'What is law?' Hart argued this question is important because it probes
the nature of a system of rules and their relationship to morality and social
facts.
,Q7: How does legal philosophy differ from legal dogmatics?
ANSWER Legal dogmatics (or positive law scholarship) interprets and
applies existing legal rules within a system, while legal philosophy critically
examines the foundations, nature, and legitimacy of those rules from a
theoretical perspective.
Q8: What is the pre-modern period of legal philosophy associated with?
ANSWER The pre-modern period is associated with natural law theory as
developed by ancient Greek philosophers (Plato, Aristotle) and later by
Thomas Aquinas in medieval Christian thought. Law was seen as grounded
in reason, nature, or divine order.
Q9: What characterises the modern period of legal philosophy?
ANSWER The modern period is characterised by the rise of legal
positivism (Bentham, Austin, Hart) and the separation of law from morality.
It emphasises empirical and scientific approaches to understanding law and
society.
Q10: What characterises the postmodern period of legal philosophy?
ANSWER Postmodern legal philosophy questions grand narratives and
universal theories of law. It emphasises the role of power, language, and
context in shaping law, and includes movements like critical legal studies,
feminist jurisprudence, and critical race theory.
SECTION 2: NATURAL LAW THEORY
Q11: What is the core claim of natural law theory?
ANSWER Natural law theory holds that there is an objective moral order in
the universe (grounded in reason, nature, or God), and that valid law must
conform to this moral order. The central claim is that an unjust law is not a
true law ('lex iniusta non est lex').
Q12: Who are the key classical natural law theorists?
ANSWER Key classical natural law theorists include Plato, Aristotle (who
grounded law in reason and human nature), Cicero (who connected natural
law to Roman law), and St. Thomas Aquinas (who gave natural law a
theological foundation).
Q13: What is Aquinas's classification of law?
ANSWER Aquinas classified law into four types: eternal law (God's reason
governing all creation), natural law (human participation in eternal law
through reason), divine law (revealed through Scripture), and human law
(positive law derived from natural law).
Q14: What is the relationship between natural law and positive law
according to Aquinas?
, ANSWER According to Aquinas, positive law (human law) derives its
authority and validity from natural law. If human law conflicts with natural
law, it lacks moral authority and may not be binding on conscience. It is an
'act of violence' rather than true law.
Q15: What is the 'lex iniusta non est lex' principle?
ANSWER 'Lex iniusta non est lex' is a Latin phrase meaning 'an unjust law
is no law at all'. It is attributed to Augustine and Aquinas and expresses the
natural law view that law lacking moral legitimacy has no true legal validity.
Q16: What is Lon Fuller's contribution to natural law theory?
ANSWER Lon Fuller developed a procedural natural law theory in 'The
Morality of Law' (1964). He argued that law has an 'inner morality'
consisting of eight principles (clarity, consistency, prospectivity, etc.)
without which a system cannot function as law.
Q17: What are Fuller's eight principles of the inner morality of law?
ANSWER Fuller's eight principles are: (1) generality, (2) promulgation, (3)
non-retroactivity, (4) clarity, (5) non-contradiction, (6) possibility of
compliance, (7) constancy, and (8) congruence between official action and
declared rules.
Q18: What is John Finnis's contribution to natural law theory?
ANSWER John Finnis, in 'Natural Law and Natural Rights' (1980), argued
for a secular natural law based on seven basic goods (life, knowledge,
friendship, practical reasonableness, religion, play, aesthetic experience)
that are self-evidently valuable to human flourishing.
Q19: How does natural law theory respond to Nazi law?
ANSWER Natural law theorists used the Nazi experience to argue that
positivism's separation of law and morality was dangerous. After World War
II, the Nuremberg Trials applied natural law principles to convict Nazi
officers who claimed to have merely followed legal orders.
Q20: What is the difference between classical and modern natural law?
ANSWER Classical natural law (Aristotle, Aquinas) grounds law in divine
reason or cosmic order. Modern natural law (Grotius, Locke) grounds it in
human reason and natural rights without necessarily invoking God, making
it more secular and individual-rights-focused.
Q21: What is Aristotle's concept of natural justice?
ANSWER Aristotle distinguished between natural justice (that which has
the same validity everywhere, independent of human agreement) and
conventional justice (that which is originally indifferent but becomes fixed by
convention). Natural justice forms the basis of all positive law.
Q22: How did Hugo Grotius secularise natural law?
, ANSWER Hugo Grotius argued that natural law would exist 'even if God
did not exist' ('etiamsi daremus'), grounding natural law in human reason
and social nature rather than divine command. This made natural law
accessible to both religious and non-religious thinkers.
Q23: What is the critique of natural law theory from positivists?
ANSWER Positivists like Austin and Hart criticise natural law for confusing
what law 'is' with what law 'ought to be'. They argue that the existence of
law is one thing, its merit or demerit another, and that immoral laws can still
be valid laws.
Q24: What is Dworkin's connection to natural law?
ANSWER Ronald Dworkin, though not a traditional natural law theorist,
shares some similarities in arguing that law includes moral principles
alongside rules. He insisted judges must consider moral principles when
deciding hard cases, blurring the line between law and morality.
SECTION 3: LEGAL POSITIVISM
Q25: What is legal positivism?
ANSWER Legal positivism is the theory that law is a social fact, separate
from morality. Law consists of rules that have been properly enacted
through recognised social procedures. Its validity depends on its sources
(how it was made), not its moral content.
Q26: Who is considered the founder of modern legal positivism?
ANSWER Jeremy Bentham (1748–1832) is considered the founder of
modern legal positivism. He sharply distinguished between 'expository
jurisprudence' (what the law is) and 'censorial jurisprudence' (what the law
ought to be).
Q27: What is John Austin's command theory of law?
ANSWER Austin defined law as the command of a sovereign: a general
command issued by a political superior (sovereign) backed by a threat of
sanctions. Positive law consists only of the commands of a sovereign,
distinct from morality, divine law, and custom.
Q28: Who is the sovereign in Austin's theory?
ANSWER In Austin's theory, the sovereign is the person or body habitually
obeyed by the bulk of the population, who does not habitually obey any
other human being. The sovereign is legally illimitable — there are no legal
limits on the sovereign's power.
Q29: What are the main criticisms of Austin's command theory?
ANSWER H.L.A. Hart criticised Austin's theory for: (1) failing to account for
power-conferring rules, (2) the 'habit of obedience' cannot explain the
ANSWERS - LATEST VERSION 2026 /2027
Q1: What is legal philosophy (jurisprudence)?
ANSWER Legal philosophy, or jurisprudence, is the theoretical study of
law. It examines the nature, sources, and purposes of law, as well as the
relationship between law and morality, society, and justice. It asks
fundamental questions such as 'What is law?' and 'What should law be?'
Q2: What is the difference between descriptive and normative
jurisprudence?
ANSWER Descriptive jurisprudence seeks to describe what law is without
making value judgments, while normative jurisprudence evaluates what law
ought to be. For example, legal positivism is largely descriptive, while
natural law theory is normative.
Q3: What are the main schools of legal philosophy?
ANSWER The main schools include: natural law theory, legal positivism,
legal realism, critical legal studies (CLS), feminist jurisprudence, critical
race theory, African jurisprudence, and postmodern legal theory.
Q4: Why is legal philosophy important for law students and
practitioners?
ANSWER Legal philosophy helps lawyers understand the foundations and
assumptions behind the law, improves critical thinking, provides tools for
arguing beyond black-letter law, and enables engagement with questions of
justice, legitimacy, and the limits of legal authority.
Q5: What does the term 'jurisprudence' mean?
ANSWER The term 'jurisprudence' comes from the Latin 'jurisprudentia'
meaning 'knowledge of law'. It refers to the science or philosophy of law,
encompassing theoretical and philosophical investigations into law's nature,
purpose, and operation.
Q6: What is the central question of jurisprudence according to H.L.A.
Hart?
ANSWER According to H.L.A. Hart, the central question of jurisprudence
is: 'What is law?' Hart argued this question is important because it probes
the nature of a system of rules and their relationship to morality and social
facts.
,Q7: How does legal philosophy differ from legal dogmatics?
ANSWER Legal dogmatics (or positive law scholarship) interprets and
applies existing legal rules within a system, while legal philosophy critically
examines the foundations, nature, and legitimacy of those rules from a
theoretical perspective.
Q8: What is the pre-modern period of legal philosophy associated with?
ANSWER The pre-modern period is associated with natural law theory as
developed by ancient Greek philosophers (Plato, Aristotle) and later by
Thomas Aquinas in medieval Christian thought. Law was seen as grounded
in reason, nature, or divine order.
Q9: What characterises the modern period of legal philosophy?
ANSWER The modern period is characterised by the rise of legal
positivism (Bentham, Austin, Hart) and the separation of law from morality.
It emphasises empirical and scientific approaches to understanding law and
society.
Q10: What characterises the postmodern period of legal philosophy?
ANSWER Postmodern legal philosophy questions grand narratives and
universal theories of law. It emphasises the role of power, language, and
context in shaping law, and includes movements like critical legal studies,
feminist jurisprudence, and critical race theory.
SECTION 2: NATURAL LAW THEORY
Q11: What is the core claim of natural law theory?
ANSWER Natural law theory holds that there is an objective moral order in
the universe (grounded in reason, nature, or God), and that valid law must
conform to this moral order. The central claim is that an unjust law is not a
true law ('lex iniusta non est lex').
Q12: Who are the key classical natural law theorists?
ANSWER Key classical natural law theorists include Plato, Aristotle (who
grounded law in reason and human nature), Cicero (who connected natural
law to Roman law), and St. Thomas Aquinas (who gave natural law a
theological foundation).
Q13: What is Aquinas's classification of law?
ANSWER Aquinas classified law into four types: eternal law (God's reason
governing all creation), natural law (human participation in eternal law
through reason), divine law (revealed through Scripture), and human law
(positive law derived from natural law).
Q14: What is the relationship between natural law and positive law
according to Aquinas?
, ANSWER According to Aquinas, positive law (human law) derives its
authority and validity from natural law. If human law conflicts with natural
law, it lacks moral authority and may not be binding on conscience. It is an
'act of violence' rather than true law.
Q15: What is the 'lex iniusta non est lex' principle?
ANSWER 'Lex iniusta non est lex' is a Latin phrase meaning 'an unjust law
is no law at all'. It is attributed to Augustine and Aquinas and expresses the
natural law view that law lacking moral legitimacy has no true legal validity.
Q16: What is Lon Fuller's contribution to natural law theory?
ANSWER Lon Fuller developed a procedural natural law theory in 'The
Morality of Law' (1964). He argued that law has an 'inner morality'
consisting of eight principles (clarity, consistency, prospectivity, etc.)
without which a system cannot function as law.
Q17: What are Fuller's eight principles of the inner morality of law?
ANSWER Fuller's eight principles are: (1) generality, (2) promulgation, (3)
non-retroactivity, (4) clarity, (5) non-contradiction, (6) possibility of
compliance, (7) constancy, and (8) congruence between official action and
declared rules.
Q18: What is John Finnis's contribution to natural law theory?
ANSWER John Finnis, in 'Natural Law and Natural Rights' (1980), argued
for a secular natural law based on seven basic goods (life, knowledge,
friendship, practical reasonableness, religion, play, aesthetic experience)
that are self-evidently valuable to human flourishing.
Q19: How does natural law theory respond to Nazi law?
ANSWER Natural law theorists used the Nazi experience to argue that
positivism's separation of law and morality was dangerous. After World War
II, the Nuremberg Trials applied natural law principles to convict Nazi
officers who claimed to have merely followed legal orders.
Q20: What is the difference between classical and modern natural law?
ANSWER Classical natural law (Aristotle, Aquinas) grounds law in divine
reason or cosmic order. Modern natural law (Grotius, Locke) grounds it in
human reason and natural rights without necessarily invoking God, making
it more secular and individual-rights-focused.
Q21: What is Aristotle's concept of natural justice?
ANSWER Aristotle distinguished between natural justice (that which has
the same validity everywhere, independent of human agreement) and
conventional justice (that which is originally indifferent but becomes fixed by
convention). Natural justice forms the basis of all positive law.
Q22: How did Hugo Grotius secularise natural law?
, ANSWER Hugo Grotius argued that natural law would exist 'even if God
did not exist' ('etiamsi daremus'), grounding natural law in human reason
and social nature rather than divine command. This made natural law
accessible to both religious and non-religious thinkers.
Q23: What is the critique of natural law theory from positivists?
ANSWER Positivists like Austin and Hart criticise natural law for confusing
what law 'is' with what law 'ought to be'. They argue that the existence of
law is one thing, its merit or demerit another, and that immoral laws can still
be valid laws.
Q24: What is Dworkin's connection to natural law?
ANSWER Ronald Dworkin, though not a traditional natural law theorist,
shares some similarities in arguing that law includes moral principles
alongside rules. He insisted judges must consider moral principles when
deciding hard cases, blurring the line between law and morality.
SECTION 3: LEGAL POSITIVISM
Q25: What is legal positivism?
ANSWER Legal positivism is the theory that law is a social fact, separate
from morality. Law consists of rules that have been properly enacted
through recognised social procedures. Its validity depends on its sources
(how it was made), not its moral content.
Q26: Who is considered the founder of modern legal positivism?
ANSWER Jeremy Bentham (1748–1832) is considered the founder of
modern legal positivism. He sharply distinguished between 'expository
jurisprudence' (what the law is) and 'censorial jurisprudence' (what the law
ought to be).
Q27: What is John Austin's command theory of law?
ANSWER Austin defined law as the command of a sovereign: a general
command issued by a political superior (sovereign) backed by a threat of
sanctions. Positive law consists only of the commands of a sovereign,
distinct from morality, divine law, and custom.
Q28: Who is the sovereign in Austin's theory?
ANSWER In Austin's theory, the sovereign is the person or body habitually
obeyed by the bulk of the population, who does not habitually obey any
other human being. The sovereign is legally illimitable — there are no legal
limits on the sovereign's power.
Q29: What are the main criticisms of Austin's command theory?
ANSWER H.L.A. Hart criticised Austin's theory for: (1) failing to account for
power-conferring rules, (2) the 'habit of obedience' cannot explain the
